The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-05
A MOTION TO QUASH
THE INDICTMENT AGAINST COL,
JONAS \. HAMILTON
Presenied-The Court Granted Couu.
sci Uatll Today TO Produce
Their Authority,
ESPECIAL TO rBR APPk,Ll

iional holiday was only observed hero
today by display Of bunting. The
Stars aud Stripes were spread to the
breezo from public buildings, news
paper offices and numerous stores.
The Circuit Court has continued In
session. The further argument Of the
Ease pending on adjournment last
Saturday was postponed, and the Grim.
NAL docket was taken up, this being
the day fixed by law for the same.
The case OF the State We. Il. John Orr,
alias BILLY the Kid" charged with
the murder oil Nelson Potter last sum.
mer, was sst for Trial on Monday, the
1lth instant, and q special venire OF
fifty names drawn, from which to Sc
lect q jniy. Mesers. Luke Lea and
NJ. d.. Mcleod were appointed to
defend him. William Steele was hung
Tor the same cHense on the Let uliimo.
10 the case Of the State w George
Raglan, charged with assault and bat
terry with intent to kill, there was
trial and verdict Of not guilty.. p. X.
Baker, who was held to answer 10
charge OF embezz ement, two grand
juries having failed 30 indict him, was,
together with his sureties, discharged.
THE HAMILTON CASH.
AT 4 o'clock y. m. Col. Jonas g.
Hamilton, l.. M. Eubanks and ]. w.
Albrecht appeared nj the bar OF the
court. Dol. W. l. Nuleut presented
and had filed the following plea In
abatement: "In the Circuit Court In
and for the Fret district OF Kinds
County, State Of Mississippi Va. Jonas
\. Hamilton and l.. M. Eubanks, aud
the said defendants Jonas y. Hamil.
ion ard l.. M. Eubanks In their own
prcp per persons como and for pies, cay
That the indictment In this case
against them is not an indictment
found and returned into court IN the
manner required by the constitution
and laws Of this State. la this: Pres.
emily siter the grand jury impsnelcd,
sworn and charged at the present
term OF the said Court 10
inquire OF and concerning
he alleged crime with which the de.
fendan u arelfslrely charged had retired
20 consider Of he same, ono Robert N.
Miller, the District Attorney Of this,
The Ninth Judiciel dieuict, did 10 into
the ronm occupied by h) said grand
jury, without lawful authority 20 TO do,
AID did preside over It's deliberations,
or At the Fame or 90 an adjupc, there.
OF aud did then and there 30 continue
to be from hour 10 hour and from time
TO time during their ssl sion had In
thi, behalf, and did then and there,
without lawful authority, collect, ar.
range aud present for their consider.
on and without their direction or
requee, certain 30 called dispositions OF
Witnesses examined on toe applira.
ton Of defendant Tor the writ OF babt rs
corpus 10 the Hon. Il. q. Psyton,
chancellor, for their consideration
aud action. and did then and there
advise, PER- uedc and coercs them 10
consider the same without tbs said
! witnesses being called 10 testify as the
law require, and without the said
supposed dispositions having been
read over 10 and approved and signed
by said supposed witnesses, or other.
wise Gauss TO be produced ~ the said
grand jury any evidence against the
said Eubanks certified TO be true, aud
did not then and there cause 10 be-
handed 10 the said grand jury the
like dep sltions OF ali the witnesses
examined before ihe said chancellor,
the Bsme being OF equal venty, he
then and there, we'll knowing that
moot II not all OF Ghid witOeIses we're
easily In reach Of the process
Of this cluTt and could be-
orally examined and intention ally eI-
oludirg from thOee called Sunday oye
wtnotBes OF the Transaction 10 him
did then and there, continually, psr.
sittsntly and unlaw,uily attend the
BstHonH Of the said grand jury and
without being thereto required by
them; and did without lawful author.
lily, assume and exercise the Office aud
fdncton Of examining and did exam.
ine the few witnesses, most OF whom
wgre not eye witnesses Of tho lrans.
action, so called by his direction ~
foresad; and did argue nd Discus,
before aud 10 the presence and hear.
ugof the said grand jury; snd alter
ihsy had declined 10 comply with his
wishes by vote, and In fact ignored a
bill OF indictment, or the necessity for
fielding the said Indictment, and did
urge and ins at on the same coniinu.
onsy aud up 10 the time the final vote
was taken rs 10 the fading q note Of
the eame, aud did not retire before the
said final vote vas taken, but remained
In the Jury room, constraining their
Gction, aud was present at aud during
the taking OF said final vote, and DID |
then and there, and alter tho raid |
grand jury bad by vote released and
failed 10 hnd an indictment constitute
himself unlaviully y , Aitois-1 grand
Jury, and did persuade and direct the
said grand Jury m 10 their 40 called
imperative duty In view Of the recent
deoision Of the Chancellor on
defendants said application to
find said indictment, saying In
subtance, among other things: II you
fail 10 indict you cannot lace public
opinion, when you 40 ont OF this room
aud everybody will think You have
been bribod." And by his presence
and sctye personal efforts did csjlle,
inimidate and Overawe thefald grand |
! Jury, aud did unlawiully coeTce. nd.
wise and bring about the finding Of
said indictment after the said grand
jury had failed 10 respond 10 his said
uniasinl appeals, without which % d
clAmorous aud unlawful conduct tue
said indictment never would have
been iOu1d and returned, which hey
are ready 10 verify, wherefore, thty
now pray that The same abate and be !
quasbed"
The STATE declined 10 take itsue on
this plea, bat filed q gene al
demurrer 10 the same, claiming that
the plea 10 not sufficient defense In
law. BY the demurrer tbs truth Of
the plea was admitted. The Court
sustained the demurrer. TloTeupOn
COL Eugent q ed a motion 10 quasi
tho indictment, a. iolloKs: N0w
come defendants, by attorney, and
move the court ~ quash the ildlCt'
ment in this cause, for the lolloEIng
reason:
/. Because aad indictment docs lot
charge that the said crime was com.
mi.ted Ia the Fret Dislrc, Of Kinds